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H-B-S PARTNERSHIP v. AIRCOA HOSPITALITY

No. 23,746.

114 P.3d 306 (2005)

137 N.M. 626

2005-NMCA-068

H-B-S PARTNERSHIP, a New Mexico general partnership; Arnold Horwitch; Burton Horwitch; Elliott Horwitch; and Stuart C. Sherman, Plaintiffs-Appellants/Cross-Appellees, and NZ EDP, Ltd. Co., a New Mexico limited liability company, Intervenor, v. AIRCOA HOSPITALITY SERVICES, INC., a Delaware corporation, Defendant-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied May 31, 2005.

Attorney(s) appearing for the Case

John M. Eaves, John G. Baugh, C. Shannon Bacon, Eaves, Bardacke, Baugh, Kierst & Larson, P.A., Kerry C. Kiernan, The Blake Law Firm, P.C., Albuquerque, NM, for Appellants/Cross-Appellees.

W. Spencer Reid, Thomas C. Bird, Keleher & McLeod, P.A., Albuquerque, NM, for Appellee/Cross-Appellant.

Certiorari Denied, No. 29,186, May 31, 2005.

OPINION

BUSTAMANTE, Chief Judge.

{1} This case involves the interpretation of a right of first refusal (ROFR) provision in a limited partnership agreement. The district court decided the ROFR was triggered when the corporate great-great-grandparent of one of the general partners was sold in a stock transfer transaction. Defendant appeals the district court's basic decision that the ROFR was triggered...

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